Current through January 14, 2025
Rule 31-9-2.1 - Specific Detention Limitations1. Admissions criteria limit detention eligibility to youth likely to commit a serious offense pending resolution of their case, youth likely to fail to appear in court, and youth held pursuant to a specific court order for detention where there is no alternative to custody.2. Status offenders are not detained at the facility unless the youth violated a valid court order and received the due process protections and consideration of less restrictive alternatives as required by the federal Juvenile Justice and Delinquency Prevention Act. 3. There are written limitations on lower and upper ages for detention in the facility, and in no case may a youth under the age of 10 be held in the facility.4. Non-offenders (including abused/neglected youth) shall not be detained in the facility.5. The facility shall maintain written policies, procedures, and actual practices to ensure that: a. The facility does not ask youth about their immigration status.b. The facility shall not detain youth simply because the youth is undocumented. c. The facility does not detain youth with immigration holds if they have no delinquency case or petition, or if they would be released under state law (e.g., youth arrested for a delinquent act who are released by the court at a detention hearing, receive a disposition to a non-secure placement, have their case dismissed, or finish a period of incarceration).d. If the facility contracts to hold youth detained pursuant to Department of Homeland Security (DHS, formerly INS) regulations, only youth meeting the DHS regulations on secure confinement of youth are detained.6. Youth with serious medical or mental health needs, or youth who are severely intoxicated, shall not be admitted into the facility unless and until appropriate medical or mental health professionals approve admission. Youth transferred from outside medical or mental health facilities are admitted only if the detention facility has the capacity to provide appropriate ongoing care.7. Upon admission of a youth with disabilities (e.g., physical, visual, auditory, developmental, or intellectual), the facility shall discern if the facility can accommodate the youth's disability. If unable to accommodate the youth, the facility shall report the inability to accommodate a youth to youth court. The youth judge may transfer the youth to another facility capable to meet the youth's particular needs.Miss. Code Ann. §§ 43-21-901 to 43-21-915 (Rev. 2016).